(3) sellers’ additional time to perform,
(4) price reduction,
(5) money damages,
(6) specific performance.
7. Consequentialdamages may be recovered by the nonbreaching party when the breaching party knew the special circumstances will cause the nonbreaching party to suffer an additional loss.
8. If the contract of sale involves carriage of the goods and the seller is not bound to hand them over at a particular place, the risk passes to the buyer when the goods are handed over to for transmission to the buyer.
9. Occurs when one party clearly sees that the other party to the contract either will not perform a substantial part of its obligations or that it will commit a fundamental breach.
10. In the United States, a party to a contract that is prevented from performing may attempt to be excused under the doctrine of commercial frustration under English law
Multiple Choices:(4’ X 4=16)
Translation:(7’ X 2=14)
1. (1) A proposal for concluding a contract addressed to one or more specific persons constitutes an offer if it is sufficiently definite and indicates the intention of the offeror to be bound in case of acceptance.(向一个或一个以上特定的人提出的订立合同的建议,如果十分确定并且表明发价人在得到接受时承受约束的意旨,即构成邀约。)
(2) A proposal other than one addressed to one or more specific persons is to be considered merely as an invitation (邀请) to make offers, unless the contrary is clearly indicated by the person making the proposal. (非向一个或一个以上特定的人提出的建议,仅应视为邀请做出发价,除非提出建议的人明确地表示相反的意向。)
2. The buyer must examine the goods, or cause them to be examined, within as short a period as is practicable in the circumstances.
买方必须在按情况实际可行的最短时间内检验货物或由他人检验货物。
The buyer loses the right to rely on a lack of conformity of the goods if he does not give notice to the seller specifying the nature of the lack of conformity within a reasonable time after he has discovered it or ought to have discovered it. 买方对货